Minutes City of South Heart Regular Meet

Minutes City of South Heart Regular Meeting November 7, 2022 7:00 P.M. MAYOR: COUNCILMEMBERS: Floyd R Hurt Jeremey Binstock Mike Stick Brock White Arlen Kubas CITY AUDITOR: Renae Praus UNAPPROVED MINUTES: ROLL CALL: Hurt, White, Praus, Binstock, Kubas ABSENT: Mike Sticka ALSO PRESENT: Chris Splichal, Dave Wallace Jr. (Stark County Sherriff Department), Kyle Mylar and his daughters, Paul Clarys, Mel Zent (City Buidling Inspector) Robert Procive, Diane Procive, Jon Brosz-City Engineer (by phone), REGULAR MEETING: Mayor Hurt called the meeting to order at 7:00pm. APPROVAL OF AGENDA: Councilman Binstock made a motion to approve the agenda and Councilman Kubas seconded the motion. All in favor. Motion carried. MINUTES: Councilman White made a motion to approve the October 3, 2022, Regular Meeting Minutes and Councilman Binstock seconded the motion. All in favor. Motion carried. Councilman Kubas made a motion to approve the October 19, 2022, Special Meeting Minutes and Councilman White seconded the motions. All in favor. Motion carried. KYLE MYLAR-DISCUSSION ON ANIMALS AND FOWL ORDINANCE: Kyle Mylar and his daughters were present to discuss the complaint that was brought to the city’s attention regarding odor from the chickens, bugs and mice that caused issues, and the noise the 5 hens are creating. They received a letter stating the chickens would need to be removed from the city limits due to the violation of the current ordinance. Kyle’s daughters Macy, Ava, and Mia gave a presentation to the council stating the hens are used to supply the family with healthy food, they are used as 4-H projects for the girls, to learn responsibilities and the girls sell the eggs to help support their business. They submitted six letters from the surrounding neighbors to the council that supported the family in keeping the chickens. They all stated there were no complaints and all had positive comments about the family being in the neighborhood. The council discussed the issue and agreed the city should revise our ordinances since a lot of smaller communities including Gladstone, Belfield, Beach, and Medora to name a few are allowing hens in the city limits. Councilman White made a motion to suspend the removal of the hens from the property and allow Mylar’s to keep the hens Councilman Kubas seconded the motion. All in favor. Motion carried PAUL CLARYS-GOLF COURS BUILDING AUTHORITY BOARD: Jon Brosz (City Engineer) was present by phone for the discussion on the meter that is going to be used to monitor the water the golf course uses from the city of Dickinson’s lagoons (gray water). Mr. Brosz would like to meet with the representative from the city of Dickinson and their engineer for the city of Dickinson to discuss the plan for the meter on how it will be installed and utilized. Plan A is the preferred plan and that is to have the meter in the manhole and enclosed. Plan B is to have the meter installed outside of the manhole if the connections will not work inside the manhole. Both plans are under contingency of the approval of the DEQ so that would need approval before they could move forward. The golf course would be responsible for all expenses that occurred from moving the utilities if needed and making the direct connection to transport the gray water to the golf course from the city of Dickinson lagoons. Councilman White will contact Nick Grant, City Attorney to prepare a contract that outlines the golf courses responsibilities. Councilman Kubas made a motion to grant Councilman White or Councilman Binstock permission to make the move forward with Plan A of keeping the meter inside the manhole if it is acceptable to the parties involved or with Plan B of moving the meter outside the manhole Councilman Binstock seconded the motion. All in favor. Motion carried. DAINE PROCIVE-STREITZ MINOR SUBDIVISION: Diane was present to discuss the zoning change on the Streitz Minor Subdivision. Mel Zent, City Building Inspector informed her the zoning for the lots was changed but inly on the four, 10 acre lots from Agriculture to Rural Residential. These are the only four lots that were rezoned at that time which were included in the development of the minor subdivision. The minutes were published in the Dickinson Press along with a map detailing what was rezoned in the minor subdivision. The auditor will resend the minutes of the June 28, 2022, meeting to Diane which outlines the rezoning. TEE SHOTS LICENSE RENEWAL: The council reviewed the license renewal application and had no concerns. Councilman White made a motion to renew the liquor license for the Tee Shots at the Golf Course Club House motion was seconded by Councilman Binstock. All in favor. Motion carried SHERIFF/POLICE REPORT: Police Commissioner White gave Chris Splichal the opportunity to discuss the issue she had regarding a bog biting her when she was out walking. The Stark County Sheriff Department was called they issued a citation for the dog not being on a leash. Splichal was out walking again later in the week and the dog approached her again, she contacted the Sheriffs Department again and another citation was issued. Stark County Sheriff Deputy Wallace was present to discuss the monthly report there were no major concerns to report for the month of October. STREET COMMISSIONER: Street Commissioner Binstock would like the council to review the ordinances and revise them to implement permits being required for overweight trucks and equipment on our streets. The council agreed and would like to discuss the issue with the Stark County Deputy Tessier (truck regulation deputy) and see what language needs to be in the ordinance so we can begin the permitting process. The council discussed the hay bales on Wayne Kuntz’s property, and he needs to haul the bales out of the city limits. The city has asked him to move the bales prior to this so we will contact him and see when Mr. Kuntz will be removing the bales from the property. WATER DEPARTMENT: Mayor Hurt informed the council everything is operating smoothly. He informed the council he asked Renae to drain the cement reserve tanks down to around 6ft for the winter. Mayor Hurt brough up the meter that serves the Outback Lumber Facility is not working we replaced the register top and it worked for a couple days theN it began to send the readings incorrectly to the handheld device for reading meters. SEWER COMMISSIONER: Mayor Hurt informed the council the lift station pumps are operating properly. Mayor Hurt reported he and Quain Kudrna flushed and cleaned out the sewer lines. OTHERS: The council discussed the past due utility accounts and all utility accounts that are over 60 days past due will be shut off. The service will not be reconnected until the balance is paid in full. Disconnect and reconnection fees will apply to the balance and must be paid in full before the service is reconnected. REVIEW OF FINANCIAL REPORTS & BILLS: Quain Kudrna Cleaning Sewers 692.62 Ck.11766 Heart County LLC Supplies 16.00 Ck.11767 Heart River Auto Battery for sewer cleaner 189.00 Ck.11768 Newby’s Ace Hardware Supplies 28.77 CK.11769 City of South Heart City Utilities 133.00 Ck.11770 Menards Cleaning Supplies/Vacuum 117.91 Ck.11771 Forum Communications Publish Minutes 230.34 Ck.11772 TWE Lift Station Repairs 307.77 Ck.11773 Forum Communications Publish Minutes 34.65 Ck.11774 Floyd Hurt Maintenance 548.56 Ck.11776 Renae Praus City Auditor Wages/Mileage 3596.52 Ck.11775 US Post Office Stamps 88.00 Ck.11794 Advanced Business Machines Copy Machine Lease 88.05 Ck.11784 MGM Sanitation Refuse Contract 3915.91 Ck.11789 Quality Quick Print Digital Copy 35.00 Ck.11785 ND One Call Locates 19.50 Ck.11777 Ebeltoft, Sickler Lawyers Legal Fees-Golf Course 1530.00 Ck.11789 Consolidated Telcom Phone Service 259.46 Ck.11790 Roughrider Electric Street Lights 24.50 Ck.11791 Peter Kuntz Maintenance 199.48 Ck.11778 Southwest Pipeline Authority Water use for October 5641.22 Ck.11779 Montana Dakota Utilities Utilities 2204.82 Ck.11780 Renae Praus Postage-lagoon sample 15.75 Ck.11781 Dons Filter Pump House 235.95 Ck.11782 Pump Systems Water Dept 7.16 Ck.11783 Uline Sewer Flags 19.50 Ck.11786 Total Control Inc. Cleanup Dumpster 343.40 Ck.11787 Arlen Kubas Maintenance 91.42 Ck.11792 Jeremey Binstock Maintenance 49.87 Ck.11793 Councilman White made a motion to pay vouchers for the month of October, approve the Financial Reports and Pledge Agreements as submitted and Councilman Kubas seconded the motion. All in favor. Motion carried. ADJOURNMENT: Councilman Kubas made a motion if no further business to adjourn and Councilman Binstock seconded the motion. All in favor. Motion carried. Meeting adjourned. __________________ ____________________ Floyd R. Hurt, Mayor Renae Praus, City Auditor (Nov. 23, 2022) 123814